Court name
HC: Family Division (Uganda)
Judgment date
9 November 2015

In Re: Aleper (infant) (Family Cause-2015/8) [2015] UGHCFD 39 (09 November 2015);

Cite this case
[2015] UGHCFD 39

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT SOROTI

FAMILY CAUSE 08  OF 2015

IN THE MATTER OF  HELEN ALEPER ............AN INFANT

AND

IN THE MATTER OF AN APPLICATION FOR

 LEGAL GUARDIANSHIP ORDER   BY

COLIN RYAN ROSSER  AND

VERONICA MARY ROSSER     .....................APPLICANTS

 

BEFORE HON. LADY JUSTICE H. WOLAYO

RULING

This is an application brought under article 139 ( 1) of the Constitution , sections 14, 33, and 39   of the Judicature Act Cap 13;  section 98  of the Civil procedure Act  order 52 rules 1 and 3 of the Civil Procedure Rules.

The applicants seeks an order for appointment as legal guardians of the child Helen Aleper

The application is supported with affidavits of the two applicants ; Florence Asero former officer in charge of Serere Child and family Protection Unit Uganda Police;  Amos Oluka Assistant Probation and Social Welfare Officer  Soroti;   and Simon Orugon a social welfare worker with AMECET.

Applicants were represented by Mr. George Mugume of Mugume& Nyakimwe  Advocates .

In attendance were the applicants, and  Probation and Social Welfare officers Soroti ;  Florence Asero formerly officer in charge Child and Family protection Unit; and Mr. Simon Orugen, Social worker with AMECET  Youth with a Mission Children Home.

Counsel for the applicant filed written submissions and authorities that i have carefully considered.

The grounds for allowing an application for guardianship is that it is for the welfare of the child.   In determining the welfare of the child, the court is enjoined to have regard to the principles set out in section 3 of the 1st schedule to the Children Act.

Of relevance to this application are:

The child’s physical, emotional, and educational needs;

The likely effects of any changes in the child’s environment,

The child’s age and background,

Any harm the child has suffered or is at risk of suffering,

The capacity of the child’s parents or others involved in his upbringing, in meeting the child’s needs.

I have examined the affidavits and documents accompanying this application.

According to Simon Orugon, a Social Worker with AMECET Children Home, the infant Helen Aleper   born on 8th August  2914, was  delivered   to the Home   on 18th  August  2014   by Florence Asero of the Child and Family Protection Unit while in poor health.

In her affidavit, Florence Asero affirms  that she rescued the child from her mentally ill mother Tereza Alupo and alcoholic father Fabian Okware  and took the child to Amecet Children Home on 18th August 2014.  She also confirms  that an advert was placed in the Etop newspaper of 2-8 October 2014 calling upon relatives of the child to come to her rescue with no success. There is medical evidence that Tereza alupo is mentally ill while Fabian Okware is an alcoholic.

The Probation and Social Welfare Services Officer , Soroti, Mr. Oteko Ekalam in his report dated 10th July 2015 , confirms the above narrative and recommends that the infant  is in need of care and protection.

Under these circumstances where the child’s parents are not suitable  on account of mental instability and the danger this poses to the child, it is fair that  she be placed under care and protection of a willing and responsible family.

With regards the circumstances of the applicants,   i  am satisfied that they are responsible residents of Soroti where the 1st applicant Colin Ryan  Rosser is employed with Global Care Uganda as a missionary field worker  while his wife the second applicant Veronica Mary Rosser is a stay at home mother/ legal guardian  to Aleper’s half brother.    The couple has been resident in Soroti since 2012 according to an invitation letter dated 1.9.2012 from Soroti   Branch manager Global Care Uganda.  

The applicants have demonstrated their financial security and  their potential to accord the infant emotional , physical  and  educational  needs in future.

All documents availed to  court by the applicants concerning their financial status, marital status, suitability as adoptive parents, criminal  clearance, medical clearance,  and employment  are duly authenticated.

For the above reasons and  as the Probation and Social Welfare officer Soroti has certified that they are suitable persons to be appointed legal guardians, their application is allowed.

For the reasons given above, i am convinced that it is for the welfare of the child  that this application be allowed  . I hereby make the following orders:

  1. COLIN RYAN  ROSSER and VERONICA MARY ROSSER
  1.   are  appointed legal guardians  to HELEN ALEPER.
  2. are  to accord the child all the rights of the child under the law.
  1. Should the legal guardians  need to travel with the child outside the country, they will inform the Deputy registrar of the High Court Soroti  and avail  the address where the family will be staying  and directed to obtain a Ugandan passport for the child in her names.
  2. The two legal guardians  are directed to register this order with the Registrar of Births and Deaths, Kampala.

DATED AT SOROTI THIS  9TH DAY OF  NOVEMBER 2015.

HON. LADY JUSTICE H. WOLAYO